Last week Governor Bevin signed Senate Bill 18, the Kentucky Pregnant Workers Act. The Act amends the Kentucky Civil Rights Act (KCRA) and applies to employers with 15 or more employees within the state in each of twenty (20) or more calendar weeks in the current or preceding calendar year, as well as any agent
Weighty Issues: Obesity And The But-For Test Under The ADAAA
Obesity is still a hot topic both in our health conscious culture and in our courtrooms where we continue to see ADAAA claims based on the notion that an employer fired an employee because the employee was obese. After the ADA was amended, there was some question about how the courts would treat obesity under the ADAAA, especially claims alleging that the employer regarded the employee as disabled. Fortunately, most federal courts to have considered the issue have concluded that obesity that is not a caused by an underlying physiological disorder is not a disability under the ADAAA. On February 3, 2017, an Arizona district court joined the Eighth, Sixth, and Second Circuits in holding that obesity (including even morbid obesity) cannot qualify as a disability under the ADAAA unless it falls outside the normal range and occurs as the result of a physiological disorder. In doing so, the Arizona court added its voice to the growing majority view expressly rejecting the EEOC’s contrary position on this issue.
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Ohio Means Business: New Law Prohibits Cities and Counties From Enacting Paid Sick Leave, Predictive Scheduling, and Minimum Wage Laws
Imagine you operate multiple business locations in Columbus, Ohio where 3 counties comprise the city proper and as many as 11 counties comprise the larger Columbus Metropolitan Area. Now imagine that each of those counties adopts their own local ordinance requiring paid sick leave as well as advance notice (and extra pay) to employees before you can change their work schedule. Perhaps a few of the counties also enact an increased minimum wage of $15 an hour –much like the proposal to increase the minimum wage that was supposed to be voted upon in Cleveland in May of 2017. Would you want to continue to do business in Columbus or would you curtail your growth in that city and look for a more employer friendly home for your future business locations?
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Is Santa Disabled? Obesity, The ADAAA, and The Most Famous Driver Of All
The most famous reindeer of all may be Rudolph, but St. Nick has the lock on being the most famous driver in the entire transportation industry. And with such an incredible safety record and history of on-time deliveries, would we ever think of Santa as being disabled under the ADAAA?
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Arizona and Washington Join The PSL Patchwork
On Election Day, voters in Arizona and Washington approved measures requiring employers in their respective states to provide paid sick leave and requiring employers to raise the minimum wage. They join the PSL states of California, Connecticut, Massachusetts, Oregon, and Vermont and an ever growing patchwork of cities and counties.
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Complimentary Webinar October 20: It Pays to Be Sick – How To Comply With Executive Order 13706
The final regulations for Executive Order 13706 (“Paid Sick Leave for Workers on Federal Contracts”) were published September 30, 2016. Under the Executive Order and final regulations, paid sick leave obligations will begin with new solicitations and contracts beginning January 1, 2017.
Do you know if your organization is covered and if so, do you